Legal Definitions - incerta persona

In Roman law, an incerta persona refers to an "uncertain person" or entity that could not legally inherit property because their identity or even their existence was not clearly established at the time a will was made or when the inheritance was to take effect.

This concept was designed to ensure clarity and certainty in the transfer of assets, preventing property from being left to individuals or groups who were too vaguely defined or whose future existence was speculative.

• Example 1: An Unborn, Unnamed Future Relative

  Imagine a Roman citizen's will stating, "I leave a portion of my estate to the first grandchild born to my youngest daughter." At the time the will is written, this grandchild does not exist and therefore cannot be identified by name. Their birth is a future event, making them an incerta persona under the strict rules of Roman law regarding inheritance. The identity of the beneficiary is uncertain.

• Example 2: A Vaguely Defined Future Organization

  Consider a will that specifies, "I bequeath a sum of money to a society dedicated to the study of rare birds, to be founded in the city of Rome sometime in the next decade." The specific society does not exist at the time the will is made, nor is there any concrete plan for its establishment. Its existence and specific identity are entirely speculative and uncertain, classifying it as an incerta persona for inheritance purposes in Roman law.

• Example 3: A Person Identified by a Future, Unpredictable Event

  Suppose a will dictates, "My collection of ancient scrolls shall go to the person who successfully climbs Mount Vesuvius in winter within the next three years." At the time the will is drafted, the identity of the beneficiary is completely unknown and depends on a highly uncertain future event. No specific individual can be named or identified, making this person an incerta persona in the context of Roman inheritance law.